KN Global immigration update - April 2018

27 April 2018

In these global immigration updates, we provide brief details on key changes to immigration rules in global jurisdictions.

Please note that all immigration rules are subject to change and whilst correct at the time of publication, they should not be relied upon as legal advice or a statement of accuracy at a later date.

Europe

FINLAND – EU ICT PERMIT IMPLEMENTED

The EU Intra-Corporate Transfer (‘ICT’) permit has been implemented in Finland. Enacting the European Union ICT Directive 2014/66, the EU ICT permit will allow non-EU/EEA individuals who are qualified managers, specialists and graduate trainees to work in Finland or any of the EU countries implementing the directive on a temporary basis, as long as the company they are to work at is within the same group of companies as the sending company.

Managers and specialists who have worked at the sending entity for at least 12 months (and at least 3 to 6 months for graduate trainees) will be eligible to apply for the EU ICT permit, should the host company wish to send them to a linked corporate entity.

The EU ICT permit can be issued for an initial duration of up to 3 years for managers and specialists and up to 1 year for trainees.

Individuals from other EU countries who have the ICT permit may be eligible to obtain a mobile ICT permit for potential ICT assignments to Finland. These transfers can be for more than 90 days and if the applicant is looking for this long term assignment, then the application must be filed at least 20 days before the transfer.

Netherlands - Immigration fees to be decreased

The Dutch government has announced a significant decrease in government fees for a number of immigration categories, including EU Intra-Company Transfers and Highly-Skilled Migrants. The reduced fees will apply to applications made from 3rd May 2018.

Below is a summary of the key adjusted fees:

Application

Current Fee

New Fee

Highly-skilled migrant

€938

€582

EU Blue Card

€909

€661

Intra Corporate Transfer

€938

€582

Self-employed

€1336

€1325

Renewal (standard)

€401

€355

Small business / start up

sponsor recognition

€2672

€1930

Russia - Address registration requirement during FIFA World Cup 2018

Increased security measures have been put in place from 9th May 2018 to 25th July 2018 to ensure safety and additional precautions are taken during the 2018 FIFA World Cup in several key cities:

All foreign and Russian nationals arriving from abroad or from other Russian regions to the above mentioned areas will need to submit documents to local migration authorities at their place of stay in Russia. Foreign nationals must do so within 24 hours of arrival and Russian nationals within 3 business days. Failure to do so could result in fines or the prospect of deportation from Russia. An exemption exists for foreign nationals included on official FIFA lists. Foreign employees are to be registered at the address of their employer and dependents at the address of the apartment where they reside.

Sweden – EU ICT Permit Implemented

The EU Intra-Corporate Transfer (‘ICT’) permit has been implemented in Sweden. Eligible non-EU/EEA employees who are qualified managers, specialists and graduate trainees can work in Sweden as long as the company they are to work at is within the same group of companies as the sending company.

Applicants who have worked at the sending entity for at least 3 continuous months will be suitable for the EU ICT permit, should the host company send them to a linked corporate entity.

The EU ICT permit can be issued for an initial duration of up to 3 years for managers and specialists and up to 1 year for trainees. The applicant must receive a salary in line with an individual carrying out similar work in a similar industry.

Applicants must complete the paper application form (an online application form will soon be implemented) and as a third country national, they must submit the application from abroad.

Americas

Chile - New visa category for tech professionals

The Chilean government has introduced a new fast track tech visa that will allow foreign nationals to apply to work as technicians in both the IT and science sectors. The sponsoring company must have received an approval in the form of an invitation letter or a certificate of sponsorship. Either form of approval will be sent from one of the following organisations:

InvestChile - the government agency that is responsible for attracting direct investment into Chile;

Start-Up Chile - the government accelerator programme; or

Undersecretary of Economy

Once the sponsoring company has received approval from one of the above organisations, they must then have an employment contract with the selected employee for a minimum duration of 3 months.

This visa category is intended to promote Chile as a regional centre of excellence for innovation by attracting talent in the IT and technology industries.

Colombia – Birth certificate mandatory for minors travelling by air

Effective 26 April 2018, any individuals entering or leaving Colombia with a child of seven years or under must provide a copy of the child’s birth certificate.

In addition, those accompanying foreign national minors must have the original birth certificate apostilled or legalised. Colombian national minors must carry a copy of the birth certificate issued by the notary where the birth was originally registered.

If the child is not travelling with both parents, an authorization to travel from each absent parent must also be provided.

Asia

Indonesia - Work permit process to be streamlined

A number of significant changes to the immigration process have been announced in Indonesia with the overriding aim of streamlining the required work permit/residence approval process. These include:

Prospective foreign employees are to be permitted to submit one application for both the VITAS (Limited Stay Visa) and ITAS (Limited Stay Work Permit) visas; and

A number of categories of foreign workers will no longer have to apply for a RPTKA (Expatriate Placement Plan). Obtaining a RPTKA is generally the initial application in the work permit process, which is necessary to justify the recruitment of a foreign national in certain employee categories.

The Indonesian government have been aiming to boost the economy by increasing foreign investment for some time and these changes have been made with this in mind. Due to come into force from 29 June 2018, the main changes are as follows:

At present, a Limited Stay Visa application must be made at an overseas Indonesian embassy / consulate, whilst the Limited Stay Work Permit must be made to the domestic immigration authorities within seven days of initial entry to Indonesia. Under the new Regulation, one application can be made at any overseas Indonesian embassy / consulate.

The following categories of foreign workers will not be required to apply for an RPTKA:

A. Foreign shareholders of the company who are listed as a named Director or Commissioner (on the company’s Title Deed);

B. Diplomatic and consular officers; and

C. Foreign workers in jobs deemed vital by the Indonesian government (TBC).

Processing times for both the Limited Stay Visa / Limited Stay Work Permit and RPTKA applications are to be reduced to within two business days of receiving the complete application.

A foreign worker will be able to work for multiple employers, depending on the industry sector.

The Limited Stay Work Permit validity period has been extended. It will be possible to issue a Limited Stay Work Permit for up to two years but this cannot be renewed.

The new immigration laws also cover other categories including increased flexibility in relation to urgent/emergency work and the requirement to provide proof of insurance.

Middle East

Further to the announcement in February 2018 by authorities in the UAE to impose a new mandatory requirement for foreign national applicants for work visas to provide police clearance certificates covering a five year period, the UAE Ministry of Foreign Affairs has now decided to postpone this requirement until further notice.

This decision will minimise processing times for applications significantly and reduce one of the administrative burdens as part of the work permit application process. It is not currently known whether the requirement will be re-introduced.